Joint and several liability in Texas can make one defendant responsible for all recoverable damages in a multi-party accident, but only in limited circumstances. Under Texas Civil Practice and Remedies Code § 33.013, a defendant is generally responsible only for their percentage of fault unless that defendant is more than 50% responsible or another statutory exception applies.
This rule can have major consequences after a multi-vehicle crash or one involving several responsible parties. It may determine who must pay an injured person and what happens when one at-fault party does not have enough insurance or assets to cover their share.
McMinn Law Firm has recovered more than $500 million, and Jason and Justin McMinn have both been recognized by Best Lawyers. If you were injured in a multi-party accident in Austin, McMinn Law Firm is here to help you.
The Short Answer: Texas Limits Joint and Several Liability To Certain Fault Thresholds
In most Texas personal injury cases, a defendant pays damages according to their assigned percentage of responsibility. However, a defendant who is found more than 50% responsible can be held jointly and severally liable for the recoverable damages.
For example, suppose a jury awards an injured person $500,000 and finds one defendant 60% responsible and another defendant 40% responsible. The defendant, who is 60% at fault, may be responsible for the full recoverable award rather than only their $300,000 proportionate share.
How Joint and Several Liability Differs From Proportionate Responsibility
Proportionate responsibility determines each party’s share of fault. Joint and several liability determines whether one defendant can be required to pay more than their percentage of the damages.
For example, suppose two defendants are each 50% responsible for $100,000 in damages. Under proportionate responsibility, each would generally be responsible for $50,000.
Now, suppose one defendant is 75% responsible, and the other is 25% responsible. Because the first defendant is more than 50% at fault, joint and several liability can apply. That defendant may be responsible for the full $100,000 in recoverable damages, not just their $75,000 share.
When It Matters Most: Multi-Vehicle and Commercial Vehicle Accidents
Joint and several liability matters most when an accident involves several potentially responsible parties. Multi-vehicle pileups can involve competing allegations about which person or company caused the collision and how much fault each party bears.
Identifying every potentially responsible party can therefore be important. Evidence such as crash reports, vehicle data, witness accounts, surveillance footage, and company records may help determine how responsibility should be allocated.
Attorneys Jason McMinn and Justin McMinn have both been recognized by Best Lawyers, and the firm’s experience includes handling cases in which determining fault is central to the claim.
What if One Defendant Can’t Pay?
If a defendant is jointly and severally liable, the injured claimant may seek the recoverable damages from that defendant even when another liable defendant cannot pay their share.
The defendant who pays more than their assigned percentage may then have a statutory right to seek contribution from another liable defendant under Texas Civil Practice and Remedies Code § 33.015.
Frequently Asked Questions
When Does Joint and Several Liability Apply in Texas?
A defendant who is more than 50% responsible can be jointly and severally liable for recoverable damages under Texas Civil Practice and Remedies Code § 33.013. Other limited statutory exceptions also exist.
Can Two Drivers Both Be Liable for a Texas Car Accident?
Yes. Texas law allows responsibility to be divided among multiple parties when more than one person’s conduct contributed to an accident.
Can I Recover Damages if I Was Partly at Fault?
Yes, if you are 50% or less responsible. Texas Civil Practice and Remedies Code § 33.001 bars recovery when a claimant’s responsibility is greater than 50%.
What Happens if an At-Fault Driver Has No Money?
The result depends on the allocation of fault and available insurance. If another defendant is jointly and severally liable, that defendant may be responsible for the recoverable damages.
Does Joint and Several Liability Apply to Truck Accidents?
It can. A Texas truck accident involving multiple responsible parties may trigger joint and several liability if a liable defendant meets the requirements of § 33.013.
Contact an Austin Personal Injury Attorney at McMinn Law Firm for a Free Consultation
Multi-party accidents can raise difficult questions about who is responsible and how much each party must pay. McMinn Law Firm has recovered over $500 million for clients and is prepared to help injured Texans navigate these complex claims.
If you were injured in a multi-party accident in Austin, our team can investigate the crash, identify potentially liable parties, and determine how Texas liability rules may affect your case. Reach out to an experienced Austin personal injury lawyer at McMinn Law Firm to schedule a free consultation today.
We proudly serve clients throughout Austin, TX in Travis County, as well as Salt Lake City, UT in Salt Lake County.
McMinn Law Firm – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Law Firm – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
